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South Africa decisions
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Drude v Road Accident Fund (1127/2023) [2024] ZAFSHC 397 (12 December 2024)
The court awarded the plaintiff R652,109 for past and future loss of support after finding her deceased son had supported her, but dismissed funeral expenses.
Lina v Road Accident Fund (3311/2020) [2024] ZALMPPHC 40 (26 April 2024)
The High Court held that the deceased owed his indigent mother a duty of support and had been supporting her at the time of his death.
Olivier N.O obo S.S.B and Others v Minister of Police (414/2018) [2023] ZANCHC 43 (8 August 2023)
High Court quantum ruling in a loss-of-support claim for three minor children after their mother died in a police cell fire.
Buje v Road Accident Fund (3149/2019) [2021] ZAECPEHC 43 (17 August 2021)
The court found that, although the plaintiff and the deceased had a relationship and a child together, the evidence did not establish that they were permanent life partners or that their relationship was akin to marriage at the time of the deceased's death. The plaintiff and the deceased had not cohabited since February 2014, and the financial support provided by the deceased was sporadic and not indicative of a reciprocal duty of support. There was no credible evidence of a tacit or express agreement to support, nor of preparations for marriage. The objective facts, including the deceased's…
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L.D.P v Road Accident Fund (2017/6462) [2021] ZAGPJHC 442 (23 February 2021)
The High Court found that the plaintiff proved a permanent life partnership and a legally enforceable duty of support against the Road Accident Fund.
Kriek v Road Accident Fund (529/2019) [2020] ZAFSHC 42 (5 March 2020)
The court found that the plaintiff and the deceased lived together as life partners in a relationship akin to marriage for nearly seven years, reciprocally maintaining each other and operating as a family unit. The evidence, largely uncontested and corroborated by the deceased's family, established a tacit agreement to support. The court held that the dependants' action extends to cohabiting partners where a legally enforceable duty of support exists, and that the plaintiff had proven such a duty on a balance of probabilities. In quantifying damages, the court accepted actuarial calculations…
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Lesia obo A.N.L v Road Accident Fund (2016/1728) [2019] ZAGPPHC 148 (13 May 2019)
The court found that the plaintiff's evidence regarding the nature of her relationship with the deceased was uncontested and credible. The relationship exhibited characteristics of a life partnership, including cohabitation, shared expenses, an express oral agreement to support one another, and an intention to marry. These facts established a reciprocal duty of support, which the law recognises for the purposes of a dependants' action. The court held that the plaintiff was entitled to claim for loss of support in her personal capacity. Regarding costs, the court exercised its discretion and f…
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Septoo obo Septoo and Another v Road Accident Fund (058/2017) [2017] ZASCA 164 (29 November 2017)
The Supreme Court of Appeal held that dependants of a deceased breadwinner who was solely negligent in causing a motor vehicle accident cannot claim compensation for loss of support from the Road Accident Fund under the Road Accident Fund Act 56 of 1996. The Act codifies the common law position, which requires wrongfulness for liability to arise. Compensation for loss of support is only available where the breadwinner is unlawfully killed by another person, not where the deceased was solely responsible for his own death. The court rejected the appellant's argument to develop the common law, f…
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K v Road Accident Fund (3996/2013) [2016] ZAFSHC 181 (27 October 2016)
The High Court held that the deceased owed the plaintiff a legal duty of support in a permanent life partnership, awarding damages under the Road Accident Fund Act.
Seoleseng and Another v Road Accident Fund (72837/2014) [2016] ZAGPPHC 848 (15 September 2016)
The court found that the first plaintiff failed to establish a legally enforceable contractual duty of support between himself and the deceased. While he received financial support, the evidence did not demonstrate that the relationship created obligations worthy of legal protection. Therefore, the first plaintiff's claim for loss of support in his personal capacity was dismissed. The minor child's claim for loss of support was accepted, with agreed contingency deductions applied to the actuarial calculations. The defendant was ordered to pay the quantified amounts for past and future loss of…
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